PORTUGAL Law and Practice Contributed by: Jorge Silva Martins, João Carminho and Inês Coré, CS’Associados
Key Legal Challenges • Blurring lines between gaming and gambling: The inclusion of monetisation features such as loot boxes has drawn regulatory scrutiny to determine whether they constitute gam - bling under existing laws. • Data protection and privacy: Adhering to the GDPR remains a significant challenge, espe - cially for games with global user bases that rely on player data for analytics, personalisa - tion, and monetisation. • Consumer protection: Ensuring transparency in pricing, in-game purchases, and subscrip - tion models is crucial, particularly in safe - guarding vulnerable users, including minors. In-Game Purchases, Loot Boxes, and Gambling Elements Portugal has not explicitly classified loot boxes as gambling. However, when these mechanisms resemble games of chance, they may fall within the scope of gambling regulations. The Serviço de Regulação e Inspeção de Jogos (SRIJ) moni - tors such practices to prevent unfair or exploita - tive practices. Age Ratings and Content Restrictions Portugal adheres to the PEGI rating system, requiring game developers to classify their games based on content such as violence, language, and gambling elements. Developers must: • submit their games for PEGI classification before release; and • display clear content warnings and age- appropriate labels on physical and digital copies. Additionally, developers must ensure that game content does not violate Portuguese criminal or civil laws, including prohibitions against incite -
ment to violence, hate speech, or other illegal activities.
9.2 Regulatory Bodies Primary Regulatory Bodies
• Serviço de Regulação e Inspeção de Jogos (SRIJ): The SRIJ is the main regulatory body overseeing gambling activities, including both online and offline gaming with gambling ele - ments. It is responsible for licensing, monitor - ing compliance, and enforcing gambling laws under the Gambling Law (Decree-Law No 66/2015). While primarily focused on games of chance, the SRIJ also monitors emerging concerns such as loot boxes and monetisa - tion features in video games to assess poten - tial gambling risks. • Autoridade Nacional de Comunicações (ANA - COM): ANACOM regulates digital platforms and telecommunications services relevant to gaming, particularly in areas such as internet services and network neutrality, which are crucial for online gaming operations. • Comissão Nacional de Proteção de Dados (CNPD): The CNPD is responsible for ensur - ing compliance with the applicable data protection legislation. It oversees how gam - ing companies collect, process, and store user data, with a focus on games that feature online services, personalised content, and user tracking mechanisms. • Autoridade de Segurança Alimentar e Económica (ASAE): ASAE enforces consumer protection laws, particularly regarding adver - tising transparency, pricing practices, and in-game purchases. Recent Enforcement Actions Unlicensed Gambling Platforms: The SRIJ has actively blocked access to numerous unlicensed online gambling websites. In recent years, sev - eral international gaming operators offering
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